PART 1Immigration to Canada (continued)

DIVISION 10General Provisions (continued)

Federal Investor and Entrepreneur Classes

Marginal note:Pending applications

87.5(1) An application by a foreign national for a permanent resident visa as a member of the prescribed class of investors or of entrepreneurs is terminated if, before February 11, 2014, it has not been established by an officer, in accordance with the regulations, whether the applicant meets the selection criteria and other requirements applicable to the class in question.

(a) an application in respect of which a superior court has made a final determination unless the determination is made on or after February 11, 2014; or

(b) an application made by an investor or entrepreneur who is selected as such by a province whose government has entered into an agreement referred to in subsection 9(1).

Marginal note:Effect

(3) The fact that an application is terminated under subsection (1) does not constitute a decision not to issue a permanent resident visa.

Marginal note:Fees returned

(4) Any fees paid to the Minister in respect of the application referred to in subsection (1) — including for the acquisition of permanent resident status — must be returned, without interest, to the person who paid them. The amounts payable may be paid out of the Consolidated Revenue Fund.

Marginal note:Investment returned

(5) If an application for a permanent resident visa as a member of the prescribed class of investors is terminated under subsection (1), an amount equal to the investment made by the applicant in respect of their application must be returned, without interest, to the applicant. The amount may be paid out of the Consolidated Revenue Fund.

Marginal note:Provincial allocation

(6) If the provincial allocation of an investment made in respect of an application for a permanent resident visa as a member of the prescribed class of investors that is terminated under subsection (1) has been transferred to an approved fund, as defined in subsection 88(1) of the Immigration and Refugee Protection Regulations, the province whose government controls the approved fund must return an amount equal to that provincial allocation to the Minister without delay. The return of the amount extinguishes the debt obligation in respect of that provincial allocation.

Marginal note:No recourse or indemnity

(7) No right of recourse or indemnity lies against Her Majesty in right of Canada in connection with an application that is terminated under subsection (1), including in respect of any contract or other arrangement relating to any aspect of the application.

2014, c. 20, s. 303

Loans

Marginal note:Loans

88(1) The Minister of Finance may, from time to time, advance to the Minister out of the Consolidated Revenue Fund, up to the maximum amount that is prescribed, sums that the Minister may require in order to make loans for the purposes of this Act.

Marginal note:Regulations

(2) The regulations may provide for any matter relating to the application of this section, and may include provisions respecting classes of persons to whom, and the purposes for which, the loans may be made.

Fees

Marginal note:Regulations

89(1) The regulations may govern fees for services provided in the administration of this Act, and cases in which fees may be waived by the Minister or otherwise, individually or by class.

(1.1) The Service Fees Act does not apply to a fee for the provision of services in relation to a request for an assessment provided by the Department of Employment and Social Development with respect to an application for a work permit.

(a) govern fees to be paid in respect of the compliance regime that applies to employers in relation to their employment of foreign nationals whose authorizations to work in Canada do not require an assessment provided by the Department of Employment and Social Development; and

(b) govern cases in which the fees referred to in paragraph (a) are waived.

Social Insurance Numbers

Marginal note:Minister directs special numbers to be issued

90 The Minister may direct the Canada Employment Insurance Commission to assign to persons, other than Canadian citizens or permanent residents, Social Insurance Numbers identifying those persons as persons who may be required under this Act to obtain authorization to work in Canada.

Representation or Advice

Marginal note:Representation or advice for consideration

91(1) Subject to this section, no person shall knowingly, directly or indirectly, represent or advise a person for consideration — or offer to do so — in connection with the submission of an expression of interest under subsection 10.1(3) or a proceeding or application under this Act.

(a) a lawyer who is a member in good standing of a law society of a province or a notary who is a member in good standing of the Chambre des notaires du Québec;

(b) any other member in good standing of a law society of a province or the Chambre des notaires du Québec, including a paralegal; or

(c) a member in good standing of a body designated under subsection (5).

Marginal note:Students-at-law

(3) A student-at-law does not contravene subsection (1) by offering or providing representation or advice to a person if the student-at-law is acting under the supervision of a person mentioned in paragraph (2)(a) who is representing or advising the person — or offering to do so — in connection with the submission of an expression of interest under subsection 10.1(3) or a proceeding or application under this Act.

Marginal note:Agreement or arrangement with Her Majesty

(4) An entity, including a person acting on its behalf, that offers or provides services to assist persons in connection with the submission of an expression of interest under subsection 10.1(3) or an application under this Act, including for a permanent or temporary resident visa, travel documents or a work or study permit, does not contravene subsection (1) if it is acting in accordance with an agreement or arrangement between that entity and Her Majesty in right of Canada that authorizes it to provide those services.

Marginal note:Designation by Minister

(5) The Minister may, by regulation, designate a body whose members in good standing may represent or advise a person for consideration — or offer to do so — in connection with the submission of an expression of interest under subsection 10.1(3) or a proceeding or application under this Act.

Marginal note:Revocation of designation

(5.1) For greater certainty, subsection (5) authorizes the Minister to revoke, by regulation, a designation made under that subsection.

Marginal note:Regulations — required information

(6) The Governor in Council may make regulations requiring the designated body to provide the Minister with any information set out in the regulations, including information relating to its governance and information to assist the Minister to evaluate whether the designated body governs its members in a manner that is in the public interest so that they provide professional and ethical representation and advice.

Marginal note:Regulations — transitional measures

(7) The Minister may, by regulation, provide for measures respecting any transitional issues raised by the exercise of his or her power under subsection (5), including measures

(a) making any person or member of a class of persons a member for a specified period of a body that is designated under that subsection; and

(b) providing that members or classes of members of a body that has ceased to be a designated body under that subsection continue for a specified period to be authorized to represent or advise a person for consideration — or offer to do so — in connection with the submission of an expression of interest under subsection 10.1(3) or a proceeding or application under this Act without contravening subsection (1).

Marginal note:An Act respecting immigration to Québec

(7.1) For greater certainty, An Act respecting immigration to Québec, R.S.Q., c. I-0.2, applies to, among other persons, every person who, in Quebec, represents or advises a person for consideration — or offers to do so — in connection with a proceeding or application under this Act and

(a) is authorized to do so under regulations made under paragraph (7)(b); or

(8) For greater certainty, nothing in measures referred to in paragraph (7)(a) exempts a person made a member of a body under the measures from the body’s disciplinary rules concerning suspension or revocation of membership for providing — or offering to provide — representation or advice that is not professional or is not ethical.

Marginal note:Penalties

(9) Every person who contravenes subsection (1) commits an offence and is liable

(a) on conviction on indictment, to a fine of not more than $200,000 or to imprisonment for a term of not more than two years, or to both; or

(b) on summary conviction, to a fine of not more than $40,000 or to imprisonment for a term of not more than six months, or to both.

Marginal note:Meaning of proceeding

(10) For greater certainty, in this section, proceeding does not include a proceeding before a superior court.